Syed Ahmad Helmy JC:

The plaintiff's claim herein is for declaratory reliefs that the defendant holds 4/10th of the undivided share in the land known as Grant No. 26627 Lot 5128 on trust for the plaintiff and the defendant execute all necessary documents to effectuate the transfer. The material facts in the action herein are as follows:

Sometime in January 1973 the defendant represented to plaintiff that he had an option to purchase 52 acres of land in Johor belonging to a church and approached the plaintiff. Based on the representation the plaintiff paid 10% on behalf of defendant to exercise the option. The defendant was unable to come up with his portion and hence an agreement dated 20 January 1973 (hereinafter referred to as the first agreement) was entered wherein plaintiff was to provide all financial resources to secure the purchase it was a term of the agreement that plaintiff would be entitled to 11/20th and defendant 9/20th undivided shares in the land.

The defendant was unable to come up with the funds (RM125,033.91) to purchase his 9/20th share and hence by virtue of cl. 2 thereof pending payment he confirms and declares holding the 9/20th undivided shares in t